Terms of Service
General
1.1 By registering with SIMdesign, you accept the following General Terms and Conditions (hereinafter referred to as the “GTC”) for using SIMdesign.
1.2. SIMdesign reserves the right to expand, change and make improvements to services, especially if these serve technical progress, appear necessary to prevent misuse, or the provider is obliged to do so by law. Some changes may result in permanent changes to the appearance of the SlMdesign template.
1.3. SIMdesign reserves the right to change the content of the existing contract and these General Terms and Conditions. Approval for the change is deemed to have been granted if the user does not object to the change within one month of receipt of the notification of the change. 1.4. All price offers are given in EURO. All prices are net plus statutory VAT.
2. Subject of the contract, change of contract
2.1. SIMdesign grants the user the right to use the SIMdesign software on the provider's server. SIMdesign offers users the opportunity to create their own websites based on templates. SIMdesign also offers the possibility of having professional websites created by our designers. Users can independently adapt the design of the website, post and update their own content.2.2. SIMdesign offers different tariffs. Choosing the standard tariff is a prerequisite when purchasing a website. You can switch between the tariffs at any time and cancel monthly.
2.3. SIMdesign reserves the right to delete websites and all content contained therein if a user is in default of payment for more than 6 months or terminates all tariffs.
2.4. Voluntary, free services and benefits of the provider can be discontinued at any time.
2.5. If the user does not register a domain, the website will be published under a subdomain (https://kunden.simpress.de). The user is not permitted to display the SIMdesign website on an external website.
3. Personal Information
3.1. The user agrees that his data will be stored electronically at SIMdesign. The user assures that the entered personal data is true and complete. The data will not be passed on to third parties unless it is necessary, for example to register a domain. The login data required to create a test account will be automatically deleted after 6 months.4. Contract term, termination, cessation of service, repayment of fees paid in advance.
4.1. The tariffs can be terminated monthly by the user without giving reasons. All customer data will be irrevocably deleted. The user can switch monthly between the different tariffs.4.2. The contract for the fee-based tariffs has a term of one month and is extended by the same period if the contract is canceled online before the end of the respective term or the tariff is changed.
4.3. SIMdesign is entitled to terminate the contractual relationship unilaterally, without giving reasons, with a notice period of 3 months. Failure to comply with the obligations of the SIMdesign user can result in termination without notice. Such a breach of non-compliance may also result in civil and criminal penalties for the user. If fees are not paid, SIMdesign is entitled to shut down the user's website and block the SIMdesign access. In addition, SIMdesign is entitled to have the user's domain deleted by the registry. By agreeing to these terms and conditions, the user expressly grants SIMdesign the power of attorney for such a declaration of termination.
4.4. After termination of the contractual relationship, SIMdesign is no longer obliged to provide the contractual service. SIMdesign deletes all of the user's data on the server, including e-mails in the mailboxes. It is not possible to transfer the entire website to a third-party server. In addition, after the end of the contract, SIMdesign is entitled to have the user's domains that have not been transferred to a new provider deleted by the relevant registry.
5. General obligations of the SIMdesign user
5.1. SIMdesign is not obliged to check the websites of SIMdesign users o+ for possible legal violations. The user is responsible for all content that he publishes or saves on SIMdesign websites.5.2. The user undertakes to comply with all applicable national regulations and the statutory provisions of the Federal Republic of Germany. This also applies to the applicable legal regulations for operating an online shop.
5.3. The user is prohibited from using his website for spamming or link building purposes. The user undertakes not to provide any content that violates common decency, legal prohibitions or the rights of third parties (in particular personal rights, trademarks, name rights and copyrights). Should SIMdesign be sued for illegal content that the user provides on its website as a third party or co-interferer (e.g. for omission, revocation, correction, damages), then the user is obliged to reimburse SIMdesign for all costs incurred as a result. The user is also obliged to support SIMdesign in any way to ward off such a claim.
5.6. The user undertakes to comply with the imprint obligation and the obligation of a data protection declaration (or the corresponding legal obligation in the country of use).
5.7. SIMdesign users are not permitted to link directly to downloads on their SIMdesign website from other websites.
5.8. SIMdesign has the right to limit the maximum size of the emails to be sent to a reasonable value per email. The relevant value is currently 10 MB per email. SIMdesign also has the right to limit the maximum number of emails sent per hour. The relevant value is currently 20 emails per hour. The user may not send any e-mails with the same content in bulk (so-called 'spam') via the provider's server without the consent of the respective recipient.
5.9. The SIMdesign user may only use the designs contained in SIMdesign for his SlMdesign website. He is expressly prohibited from saving the SIMdesign website and continuing to use it on a third-party server.
5.10. The amount of the fees to be paid by the user and the billing period result from the service description of the tariff selected by the customer. The fees are due monthly in advance. The SIMdesign user authorizes the provider to collect the payments to be made by the user from an account specified by the user. The user must ensure that the account has sufficient funds.
5.11. The user undertakes not to reproduce or sell to third parties the content provided by SIMdesign, both images and texts.
6. Domain registration, termination, change of provider
6.1. When procuring and/or maintaining domains, the provider only acts as an intermediary in the relationship between the customer and the respective organization for domain allocation (“registrar”). The relevant registration conditions and guidelines of the registrars for the domains to be registered apply. The customer is responsible for ensuring that the domain requested by him does not infringe the rights of third parties or violate applicable law.6.2. A change of the requested domain after registration with the respective registrar is excluded. If a requested domain has already been allocated elsewhere before the request is forwarded to the registrar, the user can choose a different domain. This does not apply if, when changing providers, the previous provider rejects the provider change. In this case, the user ensures approval from the previous provider or requests an additional paid domain from the provider.
7. Restrictions on Customer Use, Legal Compliance, Third Party Rights
7.1. The user must ensure that the Internet presence or data of other customers of the provider, the server stability, server performance or server availability are not impaired in any way contrary to the contractually required use. The customer is obliged to provide the information required by law. The content that can be called up from the server, stored data and the keywords used for entry in search engines must not violate legal prohibitions, morality or the rights of third parties (in particular trademark, name and copyright laws). The customer is expressly not permitted to offer or have offered pornographic content or profit-making services that have pornographic or erotic content as their subject. This also applies if the content is stored on a server other than that of the provider and can only be reached using a domain or subdomain or redirection registered via the provider. SIMdesign operates the website with due diligence and reliability. He strives for constant availability of the customer's website. However, the user acknowledges that for technical reasons and due to the dependency on external influences, e.g. in the context of the telecommunications networks, uninterrupted availability of the website is not feasible, which is why the user has no claim to constant access. Only temporary access restrictions do not grant any warranty claims. In addition to preventing access due to external influences, the latter reserves the right to restrict access in terms of time and/or extent, in particular in the case of a temporary blocking of the SIMDesign website to make technical improvements, eliminate errors and faults, etc.8. Liability
8.1. The provider is not liable for the loss of data by users or for unauthorized third parties gaining knowledge of personal data of users of the service (e.g. by hackers).8.2. The provider is not liable for data and information that the users themselves have made available to third parties being misused by them.
8.3. The provider is not liable for user content.
8.4. The provider assumes no liability for loss of sales or other damage resulting from a malfunction or unavailability of SIMdesign or the servers.
9. Performance Disruptions
9.1. SIMdesign is optimized for the use of the latest browsers Apple Safari, Mozilla Firefox and Google Chrome. SlMdesign is not responsible for performance problems when using another browser. The provider cannot be held liable under any circumstances for disruptions within the Internet or the communication network, including their failure or overload. Nor in the case of technical failures (e.g. failure of the server hardware). The customer undertakes to notify the provider immediately of any faults he has identified.10. Privacy
10.1. SIMdesign collects, processes and uses the customer's personal data. The customer is aware that the content stored on the server can be viewed by the provider at any time from a technical point of view. In addition, it is theoretically possible for unauthorized third parties to view the customer's data during data transmission over the Internet.11. Final Provisions
Place of fulfillment is Herne. The place of jurisdiction for all disputes arising from the contractual relationship between the contracting parties, in particular with regard to the formation, processing or termination of the contract, is Herne, insofar as the customer is a registered trader, a legal entity under public law or a special fund under public law. [Status: September 18, 2021]